Rights of Children Over Conjugal Property in the Philippines

Do children have the legal right to stop a parent from selling conjugal property in the Philippines?

In the Philippines, the rights of children concerning the sale of conjugal property primarily depend on the status of the property, the parents' marital relationship, and the legal procedures involved. Here, we explore the legal framework governing these issues.

Definition of Conjugal Property

Conjugal property refers to the property acquired by spouses during their marriage, which is owned jointly by both. Upon the death of one spouse, the surviving spouse and the children become co-heirs to the deceased's share of the conjugal property.

Rights of the Surviving Spouse

1. Full Ownership of Own Share: The surviving spouse retains full ownership of their share of the conjugal property.
2. Usufructuary Rights: Under Article 887 of the Civil Code, the surviving spouse has usufructuary rights over the estate, which allows them to use and enjoy the property, including the fruits (such as rental income), but they do not have absolute ownership of the entire property.

Rights of the Children

1. Heirship: Upon the death of one spouse, the children become compulsory heirs, entitled to inherit the deceased parent's share of the conjugal property.
2. Co-ownership: Children, along with the surviving parent, become co-owners of the deceased parent's share. This means any disposition, such as the sale of the property, must consider their rights.

Legal Restrictions on Selling Conjugal Property

1. Consent Requirement: For the sale of conjugal property, the consent of both spouses is typically required. If one spouse has passed away, the children, as co-heirs, must consent to the sale of the deceased parent's share.
2. Judicial Partition: If there is a dispute or if the children do not consent to the sale, the surviving spouse may seek judicial partition of the estate. The court will then divide the property according to the legal shares of each heir.

Legal Remedies for Children

1. Opposition to Sale: Children can oppose the sale of the conjugal property by formally expressing their non-consent. This may involve legal proceedings to assert their rights.
2. Annotation of Adverse Claim: Children can file an adverse claim with the Registry of Deeds to prevent the transfer of property without addressing their legal share.
3. Petition for Partition: If an amicable agreement is not possible, children can file a petition for partition to request the court to divide the property, ensuring their inheritance rights are protected.

Conclusion

In the Philippines, children have significant legal rights concerning the sale of conjugal property after the death of one parent. They become co-heirs and co-owners of the deceased parent's share, and any sale of the property requires their consent. If disputes arise, legal remedies such as opposition to the sale, annotation of adverse claims, and judicial partition are available to protect their rights. Understanding these legal provisions is crucial for ensuring the fair and lawful disposition of conjugal property.